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South Africa decisions
Decisions matching the current search
Dikome v Minister of Police (CA28/2022) [2023] ZAECMKHC 15 (7 February 2023)
Appeal against an inadequate damages award for unlawful arrest and detention. The High Court increased the general damages from R10,000 to R30,000.
Member of the Executive Council for Education, Eastern Cape Province v M obo P (CA278/16) [2017] ZAECGHC 102 (14 September 2017)
Appeal over damages for a school assault: the High Court upheld liability, applied the thin-skull rule, and reduced general damages to R40,000.
Mpondo v Road Accident Fund (CA283/2011) [2011] ZAECGHC 24 (9 June 2011)
The court found that the trial judge misdirected himself by relying solely on Strydom v Road Accident Fund as a benchmark for general damages, thereby unduly fettering his discretion. The injuries and sequelae suffered by the appellant were more severe than those in Strydom and other comparable cases, including four hip operations, permanent facial disfigurement, ongoing pain, and significant disability. The court held that the award of R350,000.00 was inappropriate and that a higher amount was justified. The appeal was upheld, and the award for general damages was increased to R550,000.00.
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Road Accident Fund v van Rhyn (CA403/05 , CA405/05) [2007] ZAECHC 6; [2007] 3 All SA 659 (E) (9 February 2007)
The court held that the magistrate exercised her discretion properly in awarding general damages to Mr and Mrs Van Rhyn. The evidence, including expert testimony, supported the nature and extent of their injuries and the impact on their lives. The awards were not strikingly disparate from what would be considered reasonable, and there was no misdirection or irregularity. Regarding costs, the magistrate provided sound reasons for awarding costs of counsel on a higher scale, including the Fund's litigation conduct and late concessions. The orders were not arbitrary, and the discretion was exerc…
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